7 LONG TITLE
8 General Description:
9 This bill clarifies that an individual is not required to retreat from an aggressor.
10 Highlighted Provisions:
11 This bill:
12 ▸ provides that an individual is not required to retreat from an aggressor Ĥ→ [
13 is a safe place to which the individual can retreat
14 ▸ provides that an individual's failure to retreat is not relevant when determining
15 whether the individual acted reasonably; and
16 ▸ makes technical changes.
17 Money Appropriated in this Bill:
19 Other Special Clauses:
21 Utah Code Sections Affected:
23 76-2-402, as last amended by Laws of Utah 2010, Chapters 324 and 361
24 76-10-506, as last amended by Laws of Utah 2014, Chapter 248
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 76-2-402 is amended to read:
28 76-2-402. Force in defense of person -- Forcible felony defined.
29 (1) As used in this section:
30 (a) "Forcible felony" means aggravated assault, mayhem, aggravated murder, murder,
31 manslaughter, kidnapping and aggravated kidnapping, rape, forcible sodomy, rape of a child,
32 object rape, object rape of a child, sexual abuse of a child, aggravated sexual abuse of a child,
33 and aggravated sexual assault as defined in Title 76, Chapter 5, Offenses Against the Person,
34 and arson, robbery, and burglary as defined in Title 76, Chapter 6, Offenses Against Property.
35 (b) "Forcible felony" includes any other felony offense that involves the use of force or
36 violence against an individual that poses a substantial danger of death or serious bodily injury.
37 (c) "Forcible felony" does not include burglary of a vehicle, defined in Section
38 76-6-204, except when the vehicle is occupied at the time unlawful entry is made or attempted.
40 another individual when and to the extent that the [
41 force or a threat of force is necessary to defend the [
43 (b) [
44 or serious bodily injury only if the [
45 necessary to prevent death or serious bodily injury to the [
47 or to prevent the commission of a forcible felony.
49 circumstances specified in Subsection [
50 (i) initially provokes the use of force against [
51 intent to use force as an excuse to inflict bodily harm upon the [
52 (ii) is attempting to commit, committing, or fleeing after the commission or attempted
53 commission of a felony; or
54 (iii) was the aggressor or was engaged in a combat by agreement, unless the [
55 individual withdraws from the encounter and effectively communicates to the other [
57 other [
58 (b) For purposes of Subsection [
59 alone, constitute "combat by agreement":
60 (i) voluntarily entering into or remaining in an ongoing relationship; or
61 (ii) entering or remaining in a place where one has a legal right to be.
65 (4) Except as provided in Subsection (3)(a)(iii):
66 (a) an individual does not have a duty to retreat from the force or threatened force
67 described in Subsection (2) in a place where that individual has lawfully entered or remained Ĥ→ [
68 even if safety could be achieved by retreating
69 (b) the failure of an individual to retreat under the provisions of Subsection (4)(a) is not
70 a relevant factor in determining whether the individual who used or threatened force acted
83 (5) In determining imminence or reasonableness under Subsection [
84 fact may consider[
85 (a) the nature of the danger;
86 (b) the immediacy of the danger;
87 (c) the probability that the unlawful force would result in death or serious bodily
89 (d) the [
90 (e) any patterns of abuse or violence in the parties' relationship[
91 (f) any other relevant factors.
92 Section 2. Section 76-10-506 is amended to read:
93 76-10-506. Threatening with or using dangerous weapon in fight or quarrel.
94 (1) As used in this section:
95 (a) "Dangerous weapon" means an item that in the manner of its use or intended use is
96 capable of causing death or serious bodily injury. The following factors shall be used in
97 determining whether an item, object, or thing is a dangerous weapon:
98 (i) the character of the instrument, object, or thing;
99 (ii) the character of the wound produced, if any; and
100 (iii) the manner in which the instrument, object, or thing was exhibited or used.
101 (b) "Threatening manner" does not include:
102 (i) the possession of a dangerous weapon, whether visible or concealed, without
103 additional behavior which is threatening; or
104 (ii) informing another of the actor's possession of a deadly weapon in order to prevent
105 what the actor reasonably perceives as a possible use of unlawful force by the other and the
106 actor is not engaged in any activity described in Subsection 76-2-402[
107 (2) Except as otherwise provided in Section 76-2-402 and for those [
108 individuals described in Section 76-10-503, [
109 two or more [
110 or exhibits a dangerous weapon in an angry and threatening manner or unlawfully uses a
111 dangerous weapon in a fight or quarrel is guilty of a class A misdemeanor.
112 (3) This section does not apply to [
113 the action to be necessary in compliance with Section 76-2-402, with purpose to prevent
114 another's use of unlawful force:
115 (a) threatens the use of a dangerous weapon; or
116 (b) draws or exhibits a dangerous weapon.
117 (4) This section does not apply to [
118 76-10-523(1)(a) through (e) in performance of the [
Legislative Review Note
Office of Legislative Research and General Counsel